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2003 Supreme(Mad) 714

R.JAYASIMHA BABU, N.V.BALASUBRAMANIAN
A. Stephen Samuel & Another – Appellant
Versus
The Union of India & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.B. Rajendran, Mr.M.S. Krishnan, Advocates. For the Respondents:R1 Mr.R. Santhanam, R3 Mr.M. Balachandar, R4 Mr.Sundaravadivel, Advocates.

Judgment :-

N.V. BALASUBRAMANIAN, J.

These two Writ Appeals are filed under Clause 15 of Letters Patent against the common order passed by the learned Single Judge in W.P.Nos.19700/2000 and 20725/2000 dated 23.7.2001.

2. The appellants are the tenants of the properties covered in the notice issued by the second respondent. According to the appellants, the properties were let out to them by one P.V.Paulson Ukkuru and the said P.V.Paulson Ukkuru is the sole proprietor of M/s.Josephaul Steels to which the third respondent, namely, Canara Bank, Chennai had extended certain credit facilities which were collaterally secured by the deposit of title deeds. Since P.V.Paulson Ukkuru did not repay the loan borrowed by him, the third respondent filed the suit for recovery of the outstanding amount and on the formation of the Debts Recovery Tribunal, the said suit was transferred to the file of Debts Recovery Tribunal, Chennai and it is stated that an order was passed by the Debts Recovery Tribunal directing the said Paulson Ukkuru to repay the same. Since he failed to repay the amount as ordered, the Debts Recovery Tribunal has directed the issuance of recovery certificate. It is stated that in













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